What to Expect in a Texas DWI Trial

If you find yourself facing a Texas DWI (Driving While Intoxicated) charge, it is essential to understand the trial process and the requirements involved. The legal system can be complex, but being well-informed can help you navigate through the proceedings more effectively. In this article, we will provide an overview of what you can expect during a Texas DWI trial and highlight the requirements you need to be aware of.What to Expect in a Texas DWI Trial

The Texas DWI Trial Process:

Arrest and Charges:

The DWI trial process typically begins with an arrest by law enforcement officers who suspect you of driving while intoxicated. Once arrested, you will face charges for DWI under the Texas Penal Code. It is crucial to remember that you are considered innocent until proven guilty in a court of law.

Pretrial Motions and Discovery:

Before the trial, your defense attorney will file various pretrial motions to challenge the prosecution’s evidence, question the legality of the arrest, or seek the suppression of certain evidence. The discovery phase involves the exchange of evidence and information between the prosecution and defense.

Jury Selection:

In Texas, DWI trials are usually conducted before a jury. During the jury selection process, both the defense and the prosecution will have the opportunity to question potential jurors to ensure a fair and impartial jury is selected.

Opening Statements:

The trial commences with opening statements. The prosecution presents its case by outlining the evidence they plan to present, while the defense may provide an overview of its strategy to challenge the prosecution’s case.

Presentation of Evidence:

The prosecution will present evidence such as police reports, field sobriety test results, breathalyzer or blood test results, and witness testimonies to establish their case against you. Your defense attorney will have the opportunity to cross-examine the prosecution’s witnesses and present evidence and witnesses on your behalf.

Closing Arguments:

Once all the evidence has been presented, both the prosecution and the defense will have the opportunity to make closing arguments. This is the time to summarize the evidence, highlight key points, and persuade the jury to render a verdict in your favor.

Jury Deliberation and Verdict:

After closing arguments, the jury will deliberate in a separate room to reach a unanimous verdict. They will consider the evidence, arguments, and instructions provided by the judge. If the jury finds you guilty, the judge will determine the appropriate penalties.

Requirements in a Texas DWI Trial:

Proof of Intoxication:

The prosecution must prove that you were operating a motor vehicle while under the influence of alcohol or drugs. They may present evidence such as breathalyzer or blood test results, field sobriety test performance, witness statements, or officer observations.

Legal Blood Alcohol Concentration (BAC) Limits:

In Texas, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 or older. For commercial drivers, the limit is 0.04%, and for drivers under 21, any detectable amount of alcohol can lead to a DWI charge.


If convicted of a DWI in Texas, the penalties can include fines, license suspension, mandatory attendance at alcohol education programs, probation, community service, and even incarceration. The severity of the penalties depends on factors such as prior DWI convictions, BAC level, and any aggravating circumstances.

Navigating a Texas DWI trial can be complex and challenging, which is why having an experienced DWI defense attorney by your side is invaluable. Here are some key benefits of hiring legal representation:

In-depth Knowledge of DWI Laws:

DWI laws in Texas can be intricate, and they often undergo changes and updates. An experienced DWI defense attorney stays updated on the latest legal developments, understands the nuances of DWI statutes, and can leverage this knowledge to build a strong defense strategy tailored to your specific case.

Expertise in Handling DWI Cases:

DWI cases involve technical aspects, such as understanding the science behind breathalyzer and blood tests, challenging field sobriety tests, and analyzing the procedures followed during the arrest. A skilled defense attorney has the expertise to scrutinize the evidence, identify any irregularities or weaknesses, and leverage them in your defense.

Investigation and Gathering of Evidence:

A DWI defense attorney will thoroughly investigate your case, including reviewing police reports, analyzing video footage, interviewing witnesses, and examining the circumstances surrounding your arrest. They will work diligently to uncover any evidence that may support your defense or cast doubt on the prosecution’s case.

Strategic Defense Planning:

Each DWI case is unique, and an experienced defense attorney will develop a personalized defense strategy based on the specific circumstances of your case. They will identify the most effective defense arguments, challenge the validity of the evidence presented, and strive to create reasonable doubt in the minds of the jury.

Negotiation Skills and Plea Bargaining:

In some cases, it may be possible to negotiate with the prosecution for a reduced charge or a plea bargain. An experienced DWI defense attorney understands the intricacies of negotiation and can advocate on your behalf to achieve the best possible outcome, such as a reduced sentence or alternative penalties.

Courtroom Representation:

Representing yourself in a DWI trial can be overwhelming and risky. A defense attorney with courtroom experience knows how to navigate the legal system, present a compelling case, cross-examine witnesses effectively, and provide persuasive arguments to the jury. They will protect your rights throughout the trial and ensure that your voice is heard.

Facing a Texas DWI trial can be an overwhelming experience, but you don’t have to navigate it alone. At Rush & Gransee, L.C., our experienced DWI defense attorneys are here to help you understand the process, protect your rights, and build a strong defense strategy tailored to your case. We have a deep understanding of Texas DWI laws and extensive experience representing clients in DWI trials.

If you or someone you know is facing a Texas DWI charge, don’t hesitate to reach out to us for a confidential consultation. Our skilled attorneys will evaluate your case, explain the potential outcomes, and guide you through every step of the legal process.

Remember, time is of the essence in DWI cases, as there may be specific deadlines and requirements that need to be addressed promptly. By taking action and seeking professional legal representation, you increase your chances of obtaining a favorable outcome in your DWI trial.

Contact Rush & Gransee, L.C. today, and let us provide you with the knowledgeable and dedicated legal representation you deserve. Don’t face a Texas DWI trial alone – we are here to protect your rights and fight for your best interests.

Leave a Reply

Your email address will not be published. Required fields are marked *